TMI Blog

2019 (8) TMI 707

..... vision is capable of being construed in a manner that is beneficial to the assessee by allowing the deduction on 'pro rata' basis to the number of residential units that have complied with the requirement of section 80 IB of the maximum built up area. In view of this, we do not find any infirmity in the order of the learned CIT(A) and direct the learned assessing officer to allow the claim .....

..... on allowed, subject to all just exceptions ITA No. 711/2019 2. The Revenue is in appeal against the order dated 7th January, 2019 passed by the ITAT in ITA No. 5368/Del/2015 for the Assessment Year 2012-2013. 3. The Revenue is aggrieved by the ITAT confirming the order of the Commissioner of Income Tax (Appeal) which has reduced the disallowance of the benefit under Section 80 IB on proportionate .....

..... bench in assessee‟s own case for assessment year 2009 - 10, which has also been upheld by the Hon'ble Delhi High Court in ITA number 478/2015 dated 29/07/2015. The Hon‟ble High Court has held that the provision is capable of being construed in a manner that is beneficial to the assessee by allowing the deduction on 'pro rata' basis to the number of residential units that h .....